[Code of Federal Regulations] [Title 19, Volume 2] [Revised as of April 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 19CFR162.0] [Page 243-245] TITLE 19--CUSTOMS DUTIES CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PART 162_INSPECTION, SEARCH, AND SEIZURE--Table of Contents Sec. 162.0 Scope. Sec. 162.0 Scope. Subpart A_Inspection, Examination, and Search 162.1-162.2 [Reserved] 162.3 Boarding and search of vessels. 162.4 Search for letters. 162.5 Search of arriving vehicles and aircraft. [[Page 244]] 162.6 Search of persons, baggage, and merchandise. 162.7 Search of vehicles, persons or beasts. 162.8 Preclearance inspections and examinations. Subpart B_Search Warrants 162.11 Authority to procure warrants. 162.12 Service of search warrant. 162.13 Search of rooms not described in warrant. 162.15 Receipt for seized property. Subpart C_Seizures 162.21 Responsibility and authority for seizures. 162.22 Seizure of conveyances. 162.23 Seizure under section 596(c), Tariff Act of 1930, as amended (19 U.S.C. 1595a(c)). Subpart D_Procedure When Fine, Penalty or Forfeiture Incurred 162.31 Notice of fine, penalty or forfeiture incurred. 162.32 Where petition for relief not filed. Subpart E_Treatment of Seized Merchandise 162.41 [Reserved] 162.42 Proceedings by libel. 162.43 Appraisement. 162.44 Release on payment of appraised value. 162.45 Summary forfeiture: Property other than Schedule I and Schedule II controlled substances. Notice of seizure and sale. 162.45a Summary forfeiture of Schedule I and Schedule II controlled substances. 162.46 Summary forfeiture: Disposition of goods. 162.47 Claim for property subject to summary forfeiture. 162.48 Disposition of perishable and other seized property. 162.49 Forfeiture by court decree. 162.50 Forfeiture by court decree: Disposition. 162.51 Disposition of proceeds of sale of property seized and forfeited other than under 19 U.S.C. 1592. 162.52 Disposition of proceeds of sale of property seized and forfeited under 19 U.S.C. 1592. Subpart F_Controlled Substances, Narcotics, and Marihuana 162.61 Importing and exporting controlled substances. 162.62 Permissible controlled substances on vessels, aircraft and individuals. 162.63 Arrests and seizures. 162.64 Custody of controlled substances, 162.65 Penalties for failure to manifest narcotic drugs or marihuana. 162.66 Penalties for unlading narcotic drugs or marihuana without a permit. Subpart G_Special Procedures for Certain Violations 162.70 Applicability. 162.71 Definitions. 162.72 Penalties and forfeitures under sections 466 and 584(a)(1), Tariff Act of 1930, as amended. 162.73 Penalties under section 592, Tariff Act of 1930, as amended. 162.73a Penalties under section 593A, Tariff Act of 1930, as amended. 162.74 Prior disclosure. 162.75 Seizures limited under section 592, Tariff Act of 1930, as amended. 162.76 Prepenalty notice for violations of sections 466 or 584(a)(1), Tariff Act of 1930, as amended. 162.77 Prepenalty notice for violations of section 592, Tariff Act of 1930, as amended. 162.77a Prepenalty notice for violation of section 539A, Tariff Act of 1930, as amended. 162.78 Presentations responding to prepenalty notice. 162.79 Determination as to violation. 162.79a Other notice. 162.79b Recovery of actual loss of duties, taxes and fees or actual loss of revenue. 162.80 Liability for duties; liquidation of entries. Subpart H_Civil Asset Forfeiture Reform Act 162.91 Exemptions. 162.92 Notice of seizure. 162.93 Failure to issue notice of seizure. 162.94 Filing of a claim for seized property. 162.95 Release of seized property. 162.96 Remission of forfeitures and payment of fees, costs or interest. Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624. Section 162.3 also issued under 19 U.S.C. 1581; Section 162.4 also issued under 39 U.S.C. 604, 605; Section 162.5 also issued under 19 U.S.C. 1581, 49 U.S.C. 1509; Section 162.6 also issued under 19 U.S.C. 1461, 1467, 1496; Section 162.7 also issued under 19 U.S.C. 482; Section 162.8 also issued under 9 U.S.C. 1629; Section 162.21 also issued under 19 U.S.C. 482, 1581, 1582, 1602; [[Page 245]] Section 162.22 also issued under 18 U.S.C. 546; 19 U.S.C. 1459, 1460, 1594, 1595a, 1701, 1703-1708. Section 162.23 also issued under 19 U.S.C. 1595a(c). Section 162.32 also issued under 19 U.S.C. 1603, 1610; Section 162.32 also issued under 19 U.S.C. 1603, 1610; Section 162.43 also issued under 19 U.S.C. 1606, 1608; Section 162.44 also issued under 19 U.S.C. 1614; Section 162.45 also issued under 19 U.S.C. 1607, 1608; Section 162.45a also issued under 21 U.S.C. 881; Section 162.46 also issued under 19 U.S.C. 1609, 1611; Section 162.47 also issued under 19 U.S.C. 1608; Section 162.48 also issued under 19 U.S.C. 1606, 1607, 1608, 1612, 1613b, 1618; Section 162.49 also issued under 26 U.S.C. 5688; Section 162.50 also issued under 19 U.S.C. 1611, 1705; Section 162.61 also issued under 21 U.S.C. 952, 953, 957; Section 162.62 also issued under 21 U.S.C. 952, 956; Sections 162.63, 162.64 also issued under 21 U.S.C. 881, 966; Section 162.65 also issued under 19 U.S.C. 1584, 21 U.S.C. 960, 961. Sections 162.65 and 162.72 also issued under 19 U.S.C. 1431(b) and 19 U.S.C. 1644. Sections 162.91 through 162.96 also issued under 18 U.S.C. 983. Source: T.D. 72-211, 37 FR 16488, Aug. 15, 1972, unless otherwise noted. This part contains provisions for the inspection, examination, and search of persons, vessels, aircraft, vehicles, and merchandise involved in importation, for the seizure of property, and for the forfeiture and sale of seized property. It also contains provisions for Customs enforcement of the controlled substances laws. Provisions relating to petitions for remission or mitigation of fines, penalties, and forfeitures incurred are contained in part 171 of this chapter. Additional provisions concerning records maintenance and examination applicable to U.S. importers, exporters and producers under the U.S.- Chile Free Trade Agreement are contained in Part 10, Subpart H of this chapter. [T.D. 98-56, 63 FR 32945, June 16, 1998, as amended by CBP Dec. 05-07, 70 FR 10884, Mar. 7, 2005]